The European Union has initiated a process to recover substantial funds from Hungary, marking an unprecedented move in response to the country's persistent violations of EU asylum rules. This action comes more than a year after the EU's highest court imposed significant fines on Hungary for its restrictive migrant policies.
In June 2023, the European Court of Justice (ECJ) mandated Hungary to pay 200 million euros ($223 million) for consistently denying migrants their right to seek asylum. The court also imposed an additional daily fine of 1 million euros for continued non-compliance. The ECJ, established in 1952, described Hungary's actions as an "unprecedented and extremely serious infringement of EU law."
Viktor Orbán, Hungary's Prime Minister since 2010, strongly criticized the ruling, calling it "outrageous and unacceptable." However, the European Commission, the EU's executive branch founded in 1958, has proceeded with what it terms an "offsetting procedure" due to Hungary's failure to pay or communicate its intentions.
A spokesperson for the European Commission explained, "We will deduct the 200 million euro from upcoming payments from the EU budget towards Hungary." This process will involve carefully identifying which portions of Hungary's funding can be reduced. Additionally, the Commission has issued a request for payment of the accrued daily fines, amounting to 93 million euros ($103 million) thus far.
Hungary's stringent stance on immigration has been a point of contention since the 2015 European migrant crisis, when over 1 million people, primarily fleeing conflict in Syria, entered Europe. In response, Hungary implemented several controversial measures, including erecting border fences and establishing transit zones for asylum seekers.
The EU's actions against Hungary are rooted in the country's 2020 asylum policy changes. These alterations required asylum seekers to apply for travel permits at Hungarian embassies in Belgrade or Kyiv before entering the country, a move that significantly restricted access to international protection.
"Hungary's actions constitute an unprecedented and extremely serious infringement of EU law."
It's worth noting that Hungary joined the EU in 2004, becoming part of a union that now comprises 27 member states. The EU's asylum policies are governed by the Common European Asylum System, established in 1999, which aims to ensure fair and humane treatment of asylum seekers across the bloc.
This situation highlights the ongoing tensions between EU institutions and member states regarding migration policies. The EU's New Pact on Migration and Asylum, proposed in 2020, seeks to address these challenges by promoting a more comprehensive and coordinated approach to migration management.
As this process unfolds, it serves as a stark reminder of the EU's commitment to upholding its fundamental values and the potential consequences for member states that deviate from these principles. The outcome of this unprecedented financial clawback could have far-reaching implications for EU-Hungary relations and the bloc's approach to enforcing compliance with its laws and values.